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Customs Notification No-37/2006
dated 20.04.2006
Imposed an anti-dumping duty on the import of Pentaerythritol
Whereas, in the matter of import of Pentaerythritol (hereinafter referred to as
the subject goods) falling under sub heading No2905 42 of the First Schedule to
the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the said
Customs Tariff Act), originating in, or exported from, People’s Republic of
China and Sweden,(hereinafter referred to as the subject countries), the
designated authority in its preliminary findings vide notification No.14/16/2004
-DGAD, dated the 5th August, 2005, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 5th August, 2005 had come to the
conclusion that -
(i) The subject goods originating in or exported from the subject countries have
been exported to India below its normal value.
(ii) The domestic industry has suffered material injury.
(iii) The injury has been caused to the domestic industry by dumped imports of
the subject goods originating in or exported from the subject countries
And whereas on the basis of the aforesaid findings of the designated authority,
the Central Government had imposed an anti-dumping duty vide notification of the
Government of India in the Ministry of Finance (Department of Revenue), No.
93/2005-CUSTOMS, dated the 20th October, 2005, published in Part II, Section 3,
Sub-section (i) of the Gazette of India, Extraordinary, dated the 20th October,
2005, vide G.S.R. 642 (E), dated 20th October, 2005;
And whereas the designated authority, vide notification No. No.14/16/2004 -DGAD,
dated the 2nd February, 2006, published in the Gazette of India, Extraordinary,
Part I, Section 1, dated the 2nd February, 2006, has come to the conclusion that
–
(a). Subject goods originating in or exported from the subject countries have
been exported to India below its normal value;
(b). The domestic Industry has suffered material injury;
(c). The injury has been caused to the domestic industry of the Subject goods
originating in or exported from the from the subject countries;
and has recommended imposition of anti-dumping duty on all imports of subject
goods.
Now, therefore, in exercise of the powers conferred by sub-section (1) of
section 9A of the said Customs Tariff Act, read with sub-section (5) of the said
section 9A and rules 18 and 20 of the Customs Tariff (Identification, Assessment
and Collection of Anti-dumping Duty on Dumped Articles and for Determination of
Injury) Rules, 1995, the Central Government, on the basis of the aforesaid final
findings of the designated authority, hereby imposes on the subject goods, the
description of which is specified in column (3) of the Table below, falling
under heading of the First Schedule to the said Customs Tariff Act as specified
in the corresponding entry in column (2), the specification of which is
specified in column (4), originating in the countries as specified in the
corresponding entry in column (5), and produced by the producers as specified in
the corresponding entry in column (7), when exported from the countries as
specified in the corresponding entry in column (6), by the exporters as
specified in the corresponding entry in column (8), and imported into India, an
anti-dumping duty at a rate which is the amount as specified in the
corresponding entry in column (9), in the currency as specified in the
corresponding entry in column (11) and per unit of measurement as specified in
the corresponding entry in column (10), of the said Table.
Table
Sl. No. | Heading No. | Description | Specification | Country Of origin | Country Of export | Producer | Exporter | Amount | Unit | Currency |
---|---|---|---|---|---|---|---|---|---|---|
(1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) |
1. | 2905 | Pent- aeryth- ritol | Any | China PR | China PR | M/s Shanxi, China PR | M/s Shanxi, China PR | 387.87 | MT | US$ |
2. | 2905 | Pent- aeryth- ritol | Any | China PR | China PR | M/s Shanxi, China PR | Any exporter other than M/s Hubei,China PR | 387.87 | MT | US$ |
3. | 2905 | Pent- aeryth- ritol | Any | China PR | China PR | M/s Hubei,China PR | M/s Hubei,China PR | 324.38 | MT | US$ |
4. | 2905 | Pent- aeryth- ritol | Any | China PR | China PR | M/s Hubei,China PR | Any exporter other than M/s Shanxi, China PR | 324.38 | MT | US$ |
5. | 2905 | Pent- aeryth- ritol | Any | China PR | China PR | Any producer, other than M/s Hubei,and M/s Shanxi, China PR | Any exporter, other than M/s Hubei,and M/s Shanxi, China PR | 554.95 | MT | US$ |
6. | 2905 | Pent- aeryth- ritol | Any | China PR | Any, | Any producer, other than M/s Hubei,and M/s Shanxi, China PR | Any exporter, other than M/s Hubei,and M/s Shanxi, China PR | 554.95 | MT | US$ |
7. | 2905 | Pent- aeryth- ritol | Any | Sweden | Sweden | Any producer | Any exporter | 449.83 | MT | US$ |
8. | 2905 | Pent- aeryth- ritol | Any | Sweden | Any (other than Sweden) | Any producer | Any exporter | 449.83 | MT | US$ |
2. The anti-dumping duty imposed under this notification shall be effective up
to and inclusive of the 19th day of October, 2010, and shall be payable in
Indian currency.
Explanation. - For the purposes of this notification, rate of exchange
applicable for the purposes of calculation of such anti-dumping duty shall be
the rate which is specified in the notification of the Government of India in
the Ministry of Finance (Department of Revenue), issued from time to time, in
exercise of the powers conferred by sub-clause (i) of clause (a) of sub-section
(3) of section 14 of the Customs Act, 1962 (52 of 1962), and the relevant date
for the determination of the rate of exchange shall be the date of presentation
of the bill of entry under section 46 of the said Customs Act.
F.No.354/151/2005-TRU
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